Arkansas high court won't stay gay marriage ruling

May 15, 2014
|

Andria Stock, left, and Chantel Jandak of Jacksonport, Ark., laugh together as they are married May 12, 2014, by Joey Cole, center, in the rotunda of the Pulaski County Courthouse in Little Rock, Ark. / Stephen B. Thornton, AP

by Phil Buck, KTHV-TV, Little Rock, Ark.

by Phil Buck, KTHV-TV, Little Rock, Ark.

LITTLE ROCK, Ark. -- The Arkansas Supreme Court rejected the state attorney general's request Wednesday for a stay of a judge's ruling that overturned Arkansas' constitutional ban on gay marriage.

The high court turned down the request from Attorney General Dustin McDaniel that would have halted the issuance of same-sex marriage licenses.

Experts say, however, it was far from a final ruling.

Pulaski County Circuit Judge Chris Piazza had ruled last week that a voter-approved gay marriage ban was unconstitutional but didn't issue a stay. A few counties began issuing marriage licenses, and by midweek about 450 couples had gotten them.

The vast majority of the state's counties refused to grant licenses, saying the Supreme Court needed to weigh in. McDaniel said a stay was necessary because clerks did not know whether they were obligated to issue licenses.

"Confusion is pervasive, and this court should exercise its superintending authority over circuit courts to issue a stay," Assistant Attorney General Colin Jorgensen had written in the brief.

Attorneys for the couples who sought to overturn the ban told the court that McDaniel's appeal was premature since Piazza had not issued a final order. The AG told the court in Wednesday's filing that it wouldn't object to the court dismissing his appeal on those grounds if justices granted a stay.

Shortly after the Supreme Court decision came down, Pulaski County clerk Larry Crane said he planned to meet with his legal counsel Thursday morning and that, in all likelihood, his office will stop issuing same-sex marriage licenses for the time being.

Cheryl Maples, who filed the initial lawsuit challenging the state's same-sex marriage ban, was encouraged by the Supreme Courts' decision.

"If you read (Piazza's) previous decision that was handed down, there is no question he found those laws unconstitutional, period," Maples said. "He will uphold the licenses that were issued and he will uphold the actions by the clerk and things will get right back to where they were."

Josh Silverstein, a professor at the University of Arkansas-Little Rock's Bowen School of Law, said that once Piazza rules on the case again the state will most likely issue a similar response.

"I think we'll be going through this all over again in the next week," Silverstein said.